مقاصدِ شریعہ اور اجتہادِ عصرِ حاضر کے حوالے سے تحقیقی و تحلیلی جائزہ

MAQĀṢID AL-SHARĪʿAH AND CONTEMPORARY IJTIHĀD: A CRITICAL-ANALYTICAL REVIEW IN THE CONTEXT OF MODERN CHALLENGES

Abstract

This research article critically examines the relationship between Maqāṣid al-Sharīʿah (the higher objectives of Islamic law) and contemporary Ijtihād (juristic reasoning) in the modern world. The central thesis argues that Maqāṣid, when treated as a disciplined methodology rather than a rhetorical slogan, can significantly enhance the relevance, coherence, and legitimacy of ijtihād in addressing novel challenges—particularly in finance, bioethics, governance, and technology—without compromising the primacy of Qur’ān and Sunnah.The study begins by mapping the conceptual foundations of Maqāṣid, highlighting the classical classification of necessities (ḍarūriyyāt), needs (ḥājiyyāt), and embellishments (taḥsīniyyāt), with special attention to the preservation of religion, life, intellect, lineage, and property. It then explores the textual and juristic roots of Maqāṣid-oriented thinking, demonstrating how principles such as removal of hardship, realization of justice, and prevention of harm are embedded in foundational sources and are systematically articulated in the legacy of uṣūl al-fiqh. The article clarifies how Maqāṣid interacts with related juristic tools—maṣlaḥah, sadd al-dharāʾiʿ, and qawāʿid fiqhiyyah—and delineates strict methodological limits to prevent arbitrary or utilitarian reinterpretations of the law. In the second part, the paper analyzes contemporary ijtihād: its prerequisites, categories (individual and collective), and the growing institutionalization through fiqh academies and scholarly councils. It evaluates how collective ijtihād attempts to balance expertise, empirical knowledge, and normative commitments. The article further identifies key tensions: the perceived conflict between text and welfare, the risks of over-expanding Maqāṣid beyond its juristic boundaries, and the challenges posed by modern state law and globalized economies. Finally, the research proposes a structured Maqāṣid-based ijtihād framework that begins with rigorous textual analysis, proceeds through contextual and empirical assessment, and ends with a controlled weighing of benefits and harms aligned with recognized Maqāṣid levels and legal maxims. The conclusion presents findings, recommendations for research and fatwā institutions, and a Chicago-style bibliography..